What to do if I was the named beneficiary on my dad’s policies and he’s now in a nursing home with Alzheiimers but my sister has changed the policies to her name?

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What to do if I was the named beneficiary on my dad’s policies and he’s now in a nursing home with Alzheiimers but my sister has changed the policies to her name?

When I call the insurance company they won’t give me any information now but they use to when I first got the policies because I had the policy numbers. They now want me to get a signed letter from my dad requesting copies but my dad cannot write. How do I go about getting this copy to send to the insurance company to request copies?

Asked on October 14, 2012 under Estate Planning, Virginia

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 9 years ago | Contributor

Does your sister have a power of attorney for your dad, or is she trustee of a trust?  She had to have some authority to change the beneficiary on the insurance policies.

Are you sure that your sister changed the policies?  Insurance companies are very protective about information, and the fact they will not give you information does not necessarily mean your sister changed the beneficiary.  It is also possible that your dad's assets had to be redirected or used for his nursing home care and were changed for that reason.

Whether your sister has a POA or is trustee, her obligations are to serve your father's interests, not her own.  If she is serving her own interests, you can take action against her.  I suggest you contact an elder law attorney in your area immediately.  The longer this goes on, the harder it will be to correct.


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